Privacy & Cybersecurity

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June 21, 2016|
Blog

The number one threat to a company's information (personal or confidential) is still its own employees. Data security and privacy training are the first lines of defense against negligent employee behavior.

June 20, 2016|
Blog

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have issued the long-awaited final procedures for both Federal and Non-Federal Entities under the Cybersecurity Information Sharing Act (CISA) (“Final Procedures”) that provide information on how DHS will implement CISA.

June 17, 2016|
Blog

Last week, the Federal Trade Commission (FTC) announced (press release) that Practice Fusion, the largest cloud-based electronic health company in the United States, has agreed to settle FTC charges over deceptive practices involving the public disclosure of healthcare provider review information collected from consumers that included sensitive personal and medical information.

June 1, 2016|
Blog

In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal tossed the California Attorney General’s CalOPPA enforcement action against Delta Airlines, affirming the lower court’s 2013 dismissal of the case with prejudice.

May 16, 2016|
Blog

In its just-issued decision in Spokeo, Inc. v. Robins, No. 13-1339, slip op. (May 16, 2016), the Supreme Court has held that a plaintiff bringing suit under a federal statute must allege the existence of a concrete injury in order to have Article III standing to bring that statutory claim.

May 9, 2016|
Blog

The Payment Card Industry Security Standards Council (PCI SSC) has released a new version of its data security standard for the protection of cardholder data, the Payment Card Industry Data Security Standard (PCI DSS).

April 20, 2016|
Blog

At long last, the Department of Health and Human Services Office for Civil Rights (OCR) has released a revamped audit protocol that now addresses the requirements of the 2013 Omnibus Final Rule. OCR will be using the audit protocol for its impending Phase 2 audits of covered entities and business associates, which are set to begin next month.

April 14, 2016|
Blog

April 13, 2016|
Blog

As we reported last month, the FCC was preparing a proposed rulemaking (NPRM) to establish privacy and data security requirements for broadband internet access service (BIAS) providers. The FCC has now released that proposal with comments and reply comments due May 27th and June 27th respectively.

April 13, 2016|
Blog

Earlier today, the Article 29 Working Party (“WP29”) held a press conference to give a preview of its assessment of the proposed EU-US Privacy Shield arrangements that were slated to replace the struck-down Safe Harbor program and bring much-needed certainty to companies that transfer personal data from the EU to the US.

April 8, 2016|
Blog

Everyone loves a good courtroom drama. So just imagine this pitch: henchmen of an evil dictator hack their way into a movie studio computer system. Once inside, they steal the most sensitive personal information of the studio’s stars, executives and employees.

April 4, 2016|
Blog

March 23, 2016|
Blog

The HHS Office for Civil Rights (“OCR”) officially launched the long-awaited (and dreaded) Phase 2 of the HIPAA Audits Program on March 21st. Covered Entities and Business Associates need to be prepared for these audits and be on the lookout for emails (check your spam filter!) from OCR that will begin the audit process.